II 

118TH CONGRESS 

2D SESSION S. 3869 

To require vehicles to comply with the rules of origin of the United StatesMexico-Canada Agreement in order to qualify for certain Federal programs. 

IN THE SENATE OF THE UNITED STATES 

MARCH 5, 2024 

Mr. RUBIO introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To require vehicles to comply with the rules of origin of 

the United States-Mexico-Canada Agreement in order to 

qualify for certain Federal programs. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘American Subsidies 

5 for American Autos Act of 2024’’. 

6 SEC. 2. REQUIREMENT FOR VEHICLES TO COMPLY WITH 

7 UNITED STATES-MEXICO-CANADA AGREE8 MENT TO QUALIFY FOR CERTAIN FEDERAL 

9 PROGRAMS. 

10 (a) TAX CREDITS FOR CLEAN VEHICLES.— 


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•S 3869 IS

1 (1) CLEAN VEHICLE CREDIT.—Section 30D(d) 

2 of the Internal Revenue Code of 1986 is amended— 

3 (A) in paragraph (1)(G), by striking ‘‘the 

4 final assembly of which occurs within North 

5 America’’ and inserting ‘‘which qualifies as an 

6 originating good under section 202 of the 

7 United States-Mexico-Canada Agreement Im8 plementation Act (19 U.S.C. 4531)’’, and 

9 (B) by striking paragraph (5). 

10 (2) CREDIT FOR QUALIFIED COMMERCIAL

11 CLEAN VEHICLES.—Paragraph (1) of section 45W(c) 

12 of such Code is amended by striking ‘‘section 

13 30D(d)(1)(C)’’ and inserting ‘‘subparagraphs (C) 

14 and (G) of section 30D(d)(1)’’. 

15 (3) PREVIOUSLY-OWNED CLEAN VEHICLES.— 

16 Clause (i) of section 25E(c)(1)(D) of such Code is 

17 amended by inserting ‘‘(G),’’ after ‘‘(F),’’. 

18 (4) EFFECTIVE DATE.—The amendments made 

19 by this subsection shall apply to vehicles acquired 

20 after the date of the enactment of this Act. 

21 (b) PUBLIC SCHOOL ENERGY IMPROVEMENT PRO22 GRAM.—Section 40541(f) of the Investment Infrastruc23 ture and Jobs Act (42 U.S.C. 18831(f)) is amended by 

24 adding at the end the following: 


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•S 3869 IS

1 ‘‘(5) USMCA-COMPLIANT VEHICLE REQUIRE2 MENT.— 

3 ‘‘(A) DEFINITION OF USMCA-COMPLIANT

4 VEHICLE.—In this paragraph, the term 

5 ‘USMCA-compliant vehicle’ means a vehicle 

6 that qualifies as an originating good under sec7 tion 202 of the United States-Mexico-Canada 

8 Agreement Implementation Act (19 U.S.C. 

9 4531). 

10 ‘‘(B) REQUIREMENT.—Any alternative 

11 fueled vehicle purchased using a grant under 

12 this section shall be required to be a USMCA13 compliant vehicle.’’. 

14 (c) STATE ENERGY PROGRAM.—Section 362 of the 

15 Energy Policy and Conservation Act (42 U.S.C. 6322) is 

16 amended by adding at the end the following: 

17 ‘‘(h) USMCA-COMPLIANT VEHICLE REQUIRE18 MENT.— 

19 ‘‘(1) DEFINITION OF USMCA-COMPLIANT VEHI20 CLE.—In this subsection, the term ‘USMCA-compli21 ant vehicle’ means a vehicle that qualifies as an orig22 inating good under section 202 of the United States23 Mexico-Canada Agreement Implementation Act (19 

24 U.S.C. 4531). 


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•S 3869 IS

1 ‘‘(2) REQUIREMENT.—Subject to paragraph 

2 (3), any vehicle purchased as part of a State energy 

3 conservation plan shall be required to be a USMCA4 compliant vehicle. 

5 ‘‘(3) MORE STRINGENT STATE LAW.—The re6 quirement under paragraph (2) shall not apply in 

7 the case of a State energy conservation plan that re8 quires vehicles purchased under the plan to be pro9 duced in the United States.’’. 

10 (d) BUS AND BUS FACILITIES GRANT PROGRAM.— 

11 Section 5339(b) of title 49, United States Code, is amend12 ed by adding at the end the following: 

13 ‘‘(12) USMCA REQUIREMENT.— 

14 ‘‘(A) USMCA-COMPLIANT VEHICLE.—In 

15 this paragraph, the term ‘USMCA-compliant 

16 vehicle’ means a vehicle that qualifies as an 

17 originating good under section 202 of the 

18 United States-Mexico-Canada Agreement Im19 plementation Act (19 U.S.C. 4531). 

20 ‘‘(B) REQUIREMENT.—Any bus replaced, 

21 purchased, or leased using a grant under this 

22 subsection shall be a USMCA-compliant vehi23 cle.’’. 

24 (e) LOW OR NO EMISSION PUBLIC TRANSPORTATION

25 FUNDING PROGRAM.—Section 5339(c) of title 49, United 


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•S 3869 IS

1 States Code, is amended by adding at the end the fol2 lowing: 

3 ‘‘(9) USMCA REQUIREMENT.— 

4 ‘‘(A) USMCA-COMPLIANT VEHICLE.—In 

5 this paragraph, the term ‘USMCA-compliant 

6 vehicle’ means a vehicle that qualifies as an 

7 originating good under section 202 of the 

8 United States-Mexico-Canada Agreement Im9 plementation Act (19 U.S.C. 4531). 

10 ‘‘(B) REQUIREMENT.—Any vehicle ac11 quired or leased using a grant under this sub12 section shall be a USMCA-compliant vehicle.’’. 

13 (f) CLEAN SCHOOL BUS PROGRAM.—Section 741(a) 

14 of the Energy Policy Act of 2005 (42 U.S.C. 16091(a)) 

15 is amended— 

16 (1) in paragraph (3)— 

17 (A) by redesignating subparagraph (B) as 

18 clause (ii); 

19 (B) in subparagraph (A), by striking ‘‘(A) 

20 the Administrator’’ and inserting the following: 

21 ‘‘(B)(i) the Administrator’’; and 

22 (C) by inserting before subparagraph (B) 

23 (as so redesignated) the following: 

24 ‘‘(A) qualifies as an originating good under 

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•S 3869 IS

1 ada Agreement Implementation Act (19 U.S.C. 

2 4531); and’’; and 

3 (2) in paragraph (8)— 

4 (A) by redesignating subparagraphs (A) 

5 and (B) as clauses (i) and (ii), respectively, and 

6 indenting appropriately; and 

7 (B) in the matter preceding clause (i) (as 

8 so redesignated), by striking ‘‘that is certified’’ 

9 and inserting the following: ‘‘that— 

10 ‘‘(A) qualifies as an originating good under 

11 section 202 of the United States-Mexico-Can12 ada Agreement Implementation Act (19 U.S.C. 

13 4531); and 

14 ‘‘(B) is certified’’. 

15 (g) CLEAN HEAVY-DUTY VEHICLES PROGRAM.— 

16 Section 132(d)(5) of the Clean Air Act (42 U.S.C. 

17 7432(d)(5)) is amended— 

18 (1) by redesignating subparagraphs (A) and 

19 (B) as clauses (i) and (ii), respectively, and indent20 ing appropriately; and 

21 (2) in the matter preceding clause (i) (as so re22 designated), by striking ‘‘vehicle that has’’ and in23 serting the following: ‘‘vehicle that— 

24 ‘‘(A) qualifies as an originating good under 

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•S 3869 IS

1 ada Agreement Implementation Act (19 U.S.C. 

2 4531); and 

3 ‘‘(B) has’’. 

Æ 


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